ANCAMAN PIDANA DALAM PEMUTAKHIRAN DATA PEMILIH BERKELANJUTAN TERHADAP PEMILIH LUAR NEGERI DI KABUPATEN BADUNG

Abstract

Article 544 concerning data falsification, and KPU Regulation
Number 1 of 2025, emphasizes verification through the Annual
Coklit System (Coktas), synchronization with Dukcapil, and
digital trail audits to guarantee the legality of the identity and
existence of overseas voters such as the management of
2,417 PDPB data for Quarter IV 2025 by the Badung KPU. The
theory of legal certainty reveals normative voids (vacuum
normarum) and vague norms (norma in determinata) in these
regulations, such as the absence of systematic cross-border
verification, which causes reliance on administrative data alone
and the risk of marginalizing the constitutional rights of
diaspora as subjects of dignified political rights. Challenges for
the Badung KPU include the absence of ad hoc bodies such as
the PPK and PPS in the non-stage period, high mobility of
diaspora voters, and suboptimal cross-agency coordination,
which threatens the validity and accountability of the DPT. The
humanist approach via this theory highlights the urgency of
restorative innovations that respect human dignity, such as
real-time integration with the Ministry of Foreign Affairs, to
realize inclusive democracy and protect political rights as the
essence of people's sovereignty. This empirical research
concludes that strengthening repressive-preventive legal
certainty is imperative to prevent administrative fraud, while
maintaining the essence of political rights as inherent,
irreplaceable human rights for all citizens.